BILL NUMBER: AB 2872	CHAPTERED  07/19/00

	CHAPTER   144
	FILED WITH SECRETARY OF STATE   JULY 19, 2000
	APPROVED BY GOVERNOR   JULY 19, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN SENATE   JUNE 15, 2000
	AMENDED IN ASSEMBLY   MAY 25, 2000

INTRODUCED BY   Assembly Member Shelley
   (Coauthors:  Assembly Members Alquist, Aroner, Corbett, Davis,
Gallegos, Hertzberg, Honda, Keeley, Knox, Kuehl, Lempert, Longville,
Lowenthal, Mazzoni, Romero, Scott, Steinberg, Strom-Martin,
Torlakson, Villaraigosa, Wiggins, and Wildman)
   (Coauthors:  Senators Alarcon, Bowen, Escutia, Murray, Ortiz,
Perata, Polanco, and Solis)

                        MARCH 6, 2000

   An act to amend Section 7715 of the Fish and Game Code, to add and
repeal Part 3 (commencing with Section 1101) of Division 1 of the
Food and Agricultural Code, to amend Sections 25404, 25404.1,
25404.3, 25404.4, 25404.5, and 25404.6 of, to add Sections 901 and
39619.6 to, to add Article 8.5 (commencing with Section 25395.20) to
Chapter 6.8 of Division 20 of, and to add and repeal Section
25299.50.1 of, the Health and Safety Code, and to add Sections
13177.5 and 13177.6 to the Water Code, relating to resources and
environmental protection, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2872, Shelley.  Resources and environmental protection:
biomass facility grant program:  cancer risk assessment guidelines:
underground storage tanks:  hazardous material loan program:  fire
safety:  CUPA's:  health conditions in portable classrooms:  fish
monitoring.
   (1) Existing law provides for a Rice Straw Demonstration Project,
which is administered by the State Air Resources Board for the
purpose of developing demonstration projects for new rice straw
technologies in the rice straw growing regions of California.
   This bill would enact the Central Valley Agricultural
Biomass-to-Energy Incentive Grant Program, which would permit air
districts, as defined, to apply to the Trade and Commerce Agency to
receive grants to provide incentives to facilities that convert
qualified agricultural biomass, as defined, to fuel.  The bill would
require the agency to establish a multiagency review panel to assist
in the grant eligibility determinations, and would require that panel
to provide a report to the Legislature on the results and
effectiveness of the program.
   (2) Existing law establishes various cancer research, screening,
and treatment programs.
   This bill would require the Office of Environmental Health Hazard
Assessment to evaluate and update cancer risk assessment guidelines
with respect to the fetus, infants, and children.  It would, in
accordance with a prescribed timeline, require  that office to take
specific actions in this regard.
   The bill would also require the Children's Environmental Health
Center established in the Office of the Secretary of Environmental
Protection to report to the Legislature and the Governor on the
implementation of these provisions.
   (3) Under the existing Barry Keene Underground Storage Tank
Cleanup Trust Fund Act of 1989, every owner of an underground storage
tank is required to pay a storage fee for each gallon of petroleum
placed in the tank.  The fees are required to be deposited in the
Underground Storage Tank Cleanup Fund.  The money in the fund may be
expended by the State Water Resources Control Board, upon
appropriation by the Legislature, for various purposes, including the
payment of claims, pursuant to a specified order of priority, to aid
owners and operators of petroleum underground storage tanks who take
corrective action to clean up unauthorized releases from those
tanks.
   This bill would create the Fire Safety Subaccount in the fund, and
would authorize the board to expend the money in the subaccount to
pay a claim filed by a fire safety agency, as defined, that is
subject to a specified order of priority.  The bill would transfer
$5,000,000 from the fund to the subaccount, and would appropriate
that amount to the board for expenditure for claims filed before
January 1, 2000, by such a fire safety agency.  The bill would repeal
the provisions establishing the subaccount on January 1, 2006, and
would require any money remaining in the subaccount on that date to
be transferred to the fund.
   (4) The existing Carpenter-Presley-Tanner Hazardous Substance
Account Act imposes liability for hazardous substance removal or
remedial actions, and requires the Department of Toxic Substances
Control to adopt, by regulation, criteria for the selection and for
the priority ranking of hazardous substance release sites for removal
or remedial action under the act.  The act authorizes the department
to expend the funds in the Toxic Substances Control Account in the
General Fund, upon appropriation by the Legislature, to pay for,
among other things, removal and remedial actions related to the
release of hazardous substances.
   This bill would transfer $85,000,000 from a prescribed item of the
Budget Act of 2000 to the Cleanup Loans and Environmental Assistance
to Neighborhoods Account established by the bill, and would
appropriate $500,000 from that account to the Department of Toxic
Substances Control for program development related to the
redevelopment of contaminated properties known as brownfields for the
2000-01 fiscal year.
   (5) Existing law requires the Secretary for Environmental
Protection to adopt implementing regulations and implement a unified
hazardous waste and hazardous materials management regulatory
program.  A city or local agency that meets specified requirements is
authorized to apply to the secretary to implement the unified
program, and every county is required to apply to the secretary to be
certified to implement the unified program.  Each certified unified
program agency (CUPA) is required to institute a single fee system to
fund the implementation of the unified fee system.  Existing law
requires the secretary to take specified actions if no local agency
has been certified by January 1, 1997, to implement the unified
program within the unincorporated area of a county, including
determining which agency should be designated as the certified
unified program agency.
   This bill would require the secretary to establish an electronic
geographic information management system capable of receiving certain
data collected by the unified program agencies and to make all
nonconfidential data available on the Internet.
   The bill would authorize any state agency, including, but not
limited to, the State Department of Health Services, acting as a
participating agency, to contract with a unified program agency to
implement or enforce the unified program.
   The bill would instead require the secretary, if no local agency
has been certified in a county by January 1, 2000, to determine the
methods by which the unified program shall be implemented and to
select any combination of specified implementation methods.  The bill
would require the secretary to adopt, by regulation, performance
standards to guide the secretary in evaluating unified program
agencies, including evaluation fee accountability and enforcement
activities.
   The bill would require the secretary to establish the amount of
the fee to be paid when the unified program agency is a state agency.
  The bill would require the secretary to submit a report to the
Legislature, by January 10, 2001, regarding the sufficiency of the
fee to support the reasonable and necessary cost of operating the
unified program.  The bill would impose a state-mandated local
program by imposing new duties upon counties with regard to the
implementation of the unified program.
   (6) Existing law provides for the State Air Resources Board in
state government and assigns the state board various duties
concerning air resources.
   This bill would require the state board and the State Department
of Health Services, in consultation with the State Department of
Education, the Department of General Services, and the Office of
Environmental Health Hazard Assessment to conduct a comprehensive
study and review of the environmental health conditions in portable
classrooms.  The report would be required to address specified
issues, be completed by June 30, 2002, and be provided to appropriate
policy committees of the Legislature.
   (7) Existing law requires the State Water Resources Control Board
to prepare and complete on or before January 1, 2000, an inventory
of existing water quality monitoring activities within state coastal
watersheds, bays, estuaries, and coastal waters.
   This bill would require the board to develop a comprehensive
coastal water resources monitoring and assessment for fish and
shellfish.
   (8) Existing law authorizes the Director of Fish and Game to order
the closure of any waters or otherwise restrict the taking under a
commercial fishing license in state waters of certain species of fish
if the State Director of Health Services determines that the species
or subspecies of fish is likely to pose a human health risk from
high levels of toxic substances.
   This bill would instead authorize the Director of Fish and Game to
order this closure if the Director of Environmental Health Hazard
Assessment, in consultation with the State Director of Health
Services, makes this determination.
  (9) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   (10) This bill would also declare that it is to take effect
immediately as an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7715 of the Fish and Game Code is amended to
read:
   7715.  (a) If the Director of Environmental Health Hazard
Assessment, in consultation with the State Director of Health
Services, determines, based on thorough and adequate scientific
evidence, that any species or subspecies of fish is likely to pose a
human health risk from high levels of toxic substances, the Director
of Fish and Game may order the closure of any waters or otherwise
restrict the taking under a commercial fishing license in state
waters of that species.  Any such closure or restriction order shall
be adopted by emergency regulation in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (b) Any closure or restriction pursuant to subdivision (a) shall
become inoperative when the Director of Environmental Health Hazard
Assessment, in consultation with the State Director of Health
Services, determines that a health risk no longer exists.  Upon
making such a determination, the Director of Environmental Health
Hazard Assessment shall notify the Director of Fish and Game and
shall request that those waters be reopened for commercial fishing.

  SEC. 1.5.  Part 3 (commencing with Section 1101) is added to
Division 1 of the Food and Agricultural Code, to read:

      PART 3.  CENTRAL VALLEY AGRICULTURAL BIOMASS-TO-ENERGY
INCENTIVE GRANT PROGRAM

   1101.  This part shall be known, and may be cited, as the Central
Valley Agricultural Biomass-to-Energy Incentive Grant Program.
   1102.  The Legislature finds and declares all of the following:
   (a) California agriculture produces substantial quantities of
residual materials from farming practices, including orchard and
vineyard pruning and removals.  These residual materials are disposed
of primarily by open field burning, resulting in air emissions that
would be substantially reduced if the residual materials instead were
converted into energy at a biomass-to-energy facility.
   (b) California's longstanding energy policy encourages a diversity
of electrical power generation sources, including biomass-to-energy
and renewables.  Existing biomass-to-energy powerplants provide an
important alternative use for agricultural residue materials as well
as electrical power for the people of California.
   (c) California seeks to improve environmental quality and sustain
our natural resources, in part through various strategies and
programs that reduce agricultural, rangeland, and forest burning, and
programs that foster higher value uses for materials that otherwise
would be managed as wastes.  Air districts currently administer air
quality permit and emission requirement provisions, under state law,
for various types of project facilities, including those using
agricultural residue products as biomass fuel to produce electrical
energy.
   (d) Additional incentives are necessary to reduce open field
burning of agricultural residual materials that degrade air quality,
to produce electrical power from a renewable source, and to foster
and sustain the biomass industry, including collection, hauling, and
processing infrastructure, and, therefore, the Legislature
establishes the Central Valley Agricultural Biomass-to-Energy
Incentive Grant Program.
   (e) The Legislature further finds and declares that providing the
grants set forth under this program is in the public interest, serves
a public purpose, and that providing incentives to facilities will
promote the prosperity, health, safety, and welfare of the citizens
of the State of California.
   (f) It is also the intent of the Legislature to provide funding of
thirty million dollars ($30,000,000) over the three-year duration of
the grant program.
   1103.  For the purposes of this part, the following definitions
apply:
   (a) "Agency" means the Trade and Commerce Agency.
   (b) "Air district" means an air pollution control district or an
air quality management district established or continued in existence
pursuant to Part 3 (commencing with Section 40000) of the Health and
Safety Code.
   (c) "Central Valley" means the Sacramento Valley Basin and the San
Joaquin Valley Basin, as designated by the State Air Resources Board
pursuant to Section 39606 of the Health and Safety Code.
   (d) "Facility" means any California site that as of July 1, 2000,
converted, and continues to convert, qualified agricultural biomass
from the Central Valley to energy and the conversion results in lower
oxides of nitrogen (NOx) emissions than would otherwise be produced
if burned in the open field during the ozone season in the Central
Valley, as determined by the air district.
   (e) "Grant" means an award of funds by the agency to an air
district that shall, in turn, grant incentive payments to a facility
after deducting the air district's administrative fee as provided in
Section 1104.
   (f) "Incentive payment" means a payment by an air district to
facilities for qualified agricultural biomass to be received and
converted into energy after July 1, 2000.  This payment shall be in
the amount of ten dollars ($10) for each ton of qualified
agricultural biomass received for conversion to energy.
   (g) "Qualified agricultural biomass" means agricultural residues,
excluding urban and forest wood products, that include either of the
following:
   (1) Field and seed crop residues, including, but not limited to,
straws from rice and wheat.
   (2) Fruit and nut crop residues, including, but not limited to,
orchard and vineyard pruning and removals.
   1104.  (a) An air district may apply to the agency to receive one
or more grants to provide an incentive payment to one or more
facilities located within its jurisdiction.  The air district shall
complete a separate application for each participating facility that
shall consist of all of the following information:
   (1) The name, address, contact person, and any other information
necessary for the agency to communicate with the air district.
   (2) The name, address, contact person, and any other information
necessary for the agency to identify the facility.
   (3) A resolution adopted by the air district containing both of
the following findings:
   (A) That the facility listed in the application meets the program
definition of facility.
   (B) That the annual estimated amount requested by the facility is
based upon ten dollars ($10) per ton for the quantity of qualified
agricultural biomass that facility projects it will receive for
conversion to energy during that fiscal year.  The projection shall
be based upon the capacity of the facility, the tonnage historically
converted by the facility, and the tonnage of qualified agricultural
biomass available within 50 miles of the facility.
   (4) A summary report of the amount of actual biomass emissions of
the facility, based on annual source tests, and the amount of
emission reductions estimated to be acquired under the application.
The estimated emission reductions for NOx shall be expressed as net
pounds per ton.
   (5) The capacity of the facility.
   (6) The tonnage of biomass converted into energy by the facility
for the five years prior to the date of the application.
   (7) An estimate of the tonnage of qualified agricultural biomass
existing within 50 miles of the facility.
   (b) The agency shall schedule one or more application deadlines
for awarding one-year grants to air districts.  Procedures, forms,
and guidelines established for the program, including the application
process, are exempt from Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.  The
agency may request additional information from an air district solely
to clarify information contained in the application or to correct
clerical errors contained in the application.
   (c) An air district receiving a grant from the agency pursuant to
this part may receive 5 percent of the grant award for administering
the biomass-to-energy production incentive payment and for performing
related recordkeeping activities.
   (d) The agency shall review all applications received by the
deadline to determine that they are complete and eligible.  All
complete and eligible applications shall be reviewed by the review
panel established pursuant to Section 1105.  The review panel shall
determine whether the findings by the air districts required by
paragraph (3) of subdivision (a) are reasonable.  If the panel
determines that the findings are not reasonable, it may either
determine the application to be ineligible, if it determines that the
facility is not eligible under that part, or reduce the amount of
funding requested, if it determines that estimated tonnage is
inaccurate.  The determination of the review panel shall be
nonappealable.
   (e) The agency shall tally the aggregate amount requested from all
complete and eligible applications received by the application
deadline following review, and possible modification by the review
panel.  If the amount exceeds the funds available for that
application deadline, the amount awarded for each application shall
be a percentage of the total funds available.  To determine the
percentage, the numerator shall be the grant funds requested by the
air district after any modifications by the review panel, and the
denominator shall be the aggregate amount requested from all complete
and eligible applications after any modifications by the review
panel.  The agency shall enter into a grant agreement or grant
agreements with each air district receiving a grant or grants.
   (f) Facilities receiving incentive payments pursuant to this part
are not eligible to receive emission reduction credits.  Generators
or suppliers of qualified agricultural biomass may not receive
emission reduction credits for any qualified agricultural biomass for
which a facility has received an incentive payment.
   (g) On and after January 1, 2002, any energy produced by a
facility that receives an incentive payment is not eligible for any
other production subsidy, rebate, buydown, or any incentive funded
through electricity surcharges.
   1105.  The agency shall establish a multiagency review panel.  The
panel shall consist of representatives from any or all of the
following entities:  the Department of Food and Agriculture, the
Resources Agency, the California Environmental Protection Agency, the
State Air Resources Board, the State Energy Resources Conservation
and Development Commission, the California Integrated Waste
Management Board, and any other state agency deemed appropriate by
the agency.
   1106.  Following the award of a grant, the agency shall enter into
a grant agreement with the air district.  The agency may advance
grant funds to the air district.  No additional amount shall be
provided to an air district until the air district documents that the
facility is converting the requisite tons of qualified agricultural
biomass to energy.  The documentation shall consist of the existing
reporting and recordkeeping system, as set forth in subdivisions (b)
and (c) of Section 41605.5 of the Health and Safety Code.
   1107.  The multiagency review panel established pursuant to
Section 1105 shall provide a report to the Legislature on the results
and effectiveness of the Central Valley Agricultural
Biomass-to-Energy Incentive Program by January 1, 2003.
   1108.  This part shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
  SEC. 2.  Section 901 is added to the Health and Safety Code, to
read:
   901.  (a) As used in this section:
   (1) "Center" means the Children's Environmental Health Center
established pursuant to Section 900.
   (2) "Office" means the Office of Environmental Health Hazard
Assessment.
   (b) On or before June 30, 2001, the office shall review cancer
risk assessment guidelines for use by the office and the other
entities within the California Environmental Protection Agency to
establish cancer potency values or numerical health guidance values
that adequately address carcinogenic exposures to the fetus, infants,
and children.
   (c) The evaluation and update required by subdivision (b) shall
include a review of existing state and federal cancer risk
guidelines, as well as new information on carcinogenesis, and shall
consider the extent to which those guidelines address risks from
exposures occurring early in life.
   (d) The evaluation and update required by subdivision (b) shall
also include, but not be limited to, all of the following:
   (1) The development of criteria for identifying carcinogens likely
to have a greater impact if exposures occur early in life.
   (2) The assessment of methodologies used in existing guidelines to
address early-in-life exposures.
   (3) The construction of a data base of animal studies to evaluate
increases in risks from short-term early-in-life exposures.
   (e) On or before June 30, 2004, the office shall finalize and
publish children's cancer guidelines that shall be protective of
children's health.  These guidelines shall be revised and updated as
needed by the office.
   (f) (1) On or before December 31, 2002, the office shall publish a
guidance document, for use by the Department of Toxic Substances
Control and other state and local environmental and public health
agencies, to assess exposures and health risks at existing and
proposed schoolsites.  The guidance document shall include, but not
be limited to, all of the following:
   (A) Appropriate child-specific routes of exposure unique to the
school environment, in addition to those in existing exposure
assessment models.
   (B) Appropriate available child-specific numerical health effects
guidance values, and plans for the development of additional
child-specific numerical health effects guidance values.
   (C) The identification of uncertainties in the risk assessment
guidance, and those actions that should be taken to address those
uncertainties.
   (2) The office shall consult with the Department of Toxic
Substances Control and the State Department of Education in the
preparation of the guidance document required by paragraph (1) in
order to ensure that it provides the information necessary for these
two agencies to meet the requirements of Sections 17210.1 and 17213.1
of the Education Code.
   (g) On or before January 1, 2002, the office, in consultation with
the appropriate entities within the California Environmental
Protection Agency, shall identify those chemical contaminants
commonly found at schoolsites and determined by the office to be of
greatest concern based on criteria that identify child-specific
exposures and child-specific physiological sensitivities. On or
before December 31, 2002, and annually thereafter, the office shall
publish and make available to the public and to other state and local
environmental and public health agencies and school districts,
numerical health guidance values for five of those chemical
contaminants identified pursuant to this subdivision until the
contaminants identified have been exhausted.
   (h) On and after January 1, 2002, and biannually thereafter, the
center shall report to the Legislature and the Governor on the
implementation of this section as part of the report required by
subdivision (d) of Section 900.  The report shall include, but not be
limited to, information on revisions or modifications made by the
office and other entities within the California Environmental
Protection Agency to cancer potency values and other numerical health
guidance values in order to be protective of children's health.  The
report shall also describe the use of the revised health guidance
values in the programs and activities of the office and the other
boards and departments within the California Environmental Protection
Agency.
   (i) Nothing in this section shall relieve any entity within the
California Environmental Protection Agency of complying with Chapter
3.5 (commencing with Section 11340) of Part 2 of Division 3 Title 2
of the Government Code, to the extent that chapter is applicable to
the entity on or before the effective date of this section, as added
during the 2000 portion of the 1999-2000 Regular Session, or Section
57004 of the Health and Safety Code.
  SEC. 3.  Section 25299.50.1 is added to the Health and Safety Code,
to read:
   25299.50.1.  (a) For purposes of this section, "fire safety agency"
means a city fire department, county fire department, city and
county fire department, fire protection district, a joint powers
authority formed for the purpose of providing fire protection
services, or any other local agency that normally provides fire
protection services.
   (b) The Fire Safety Subaccount is hereby created in the
Underground Storage Tank Cleanup Fund, for expenditure by the board
to pay a claim described in paragraph (4) of subdivision (b) of
Section 25299.52 that was filed before January 1, 2000, by a fire
safety agency.  Except as provided in subdivision (d), the board
shall pay such a claim filed by a fire safety agency only from funds
appropriated from the Fire Safety Subaccount.
   (c) The sum of five million dollars ($5,000,000) of the moneys in
the fund derived from the sources described in paragraphs (1) to (4),
inclusive, of subdivision (b) of Section 25299.50 is hereby
transferred from the fund to the Fire Safety Subaccount, and
appropriated therefrom to the board, for expenditure pursuant to this
section for a claim filed by a fire safety agency specified in
subdivision (b).
   (d) The unpaid amount of any claim filed by a fire safety agency
specified in subdivision (b), for which a closure letter has not been
issued pursuant to subdivision (h) of Section 25299.37 on or before
January 1, 2006, shall not be payable from the Fire Safety Subaccount
but shall revert to the priority ranking for claims specified in
Section 25299.52.
   (e) The payment of claims pursuant to this section shall not
affect the board's payment of claims filed pursuant to paragraph (1),
(2), or (3) of subdivision (b) of Section 25299.52.
   (f) Any funds remaining in the Fire Safety Subaccount on January
1, 2006, shall be transferred to the fund.
   (g) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
  SEC. 4.  Article 8.5 (commencing with Section 25395.20) is added to
Division 20 of the Health and Safety Code, to read:

      Article 8.5.  Cleanup Loans and Environmental Assistance to
Neighborhoods

   25395.20.  The Cleanup Loans and Environmental Assistance to
Neighborhoods Account is hereby established in the General Fund.
  SEC. 5.  Section 25404 of the Health and Safety Code is amended to
read:
   25404.  (a) For purposes of this chapter, the following terms
shall have the following meaning:
   (1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
   (B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
   (C) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c).  The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2.  After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
   (2) "Department" means the Department of Toxic Substances Control.

   (3) "Secretary" means the Secretary for Environmental Protection.

   (4) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c) of Section
25404.
   (5) "Unified program facility permit" means a permit issued
pursuant to this chapter.  For the purposes of this chapter, a
unified program facility permit encompasses the permitting
requirements of Section 25284, and any permit or authorization
requirements under any local ordinance or regulation relating to the
generation or handling of hazardous waste or hazardous materials, but
does not encompass the permitting requirements of a local ordinance
that incorporates provisions of the Uniform Fire Code or the Uniform
Building Code.
   (b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state.  The unified program shall be developed in
close consultation with the director, the Director of the Office of
Emergency Services, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
   (c) The unified program shall consolidate the administration of
the following requirements, and shall, to the maximum extent feasible
within statutory constraints, ensure the coordination and
consistency of any regulations adopted pursuant to those
requirements:
   (1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, applicable to
hazardous waste generators, and persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
   (B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
   (i) A corrective action order issued by the department pursuant to
Section 25187.
   (ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
   (iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
   (iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
   (v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
   (vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
   (C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
   (2) The requirement of subdivision (c) of Section 25270.5 for
owners and operators of aboveground storage tanks to prepare a spill
prevention control and countermeasure plan.
   (3) The requirements of Chapter 6.7 (commencing with Section
25280) concerning underground storage tanks, except for the
responsibilities assigned to the State Water Resources Control Board
pursuant to Section 25297.1, and the requirements of any underground
storage tank ordinance adopted by a city or county.
   (4) The requirements of Article 1 (commencing with Section 25501)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
   (5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
   (6) The requirements of subdivisions (b) and (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to Section 13143.9 of the Health and Safety Code, concerning
hazardous material management plans and inventories.
   (d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
   (e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c) of
Section 25404.  Those standards shall incorporate any standard
developed under Section 25503.3.
   (2) The secretary shall establish an electronic geographic
information management system capable of receiving all data collected
by the unified program agencies pursuant to paragraph (1).  The
secretary shall make all nonconfidential data available on the
Internet.
            SEC. 6.  Section 25404.1 of the Health and Safety Code is
amended to read:
   25404.1.  (a) (1) All aspects of the unified program related to
the adoption and interpretation of statewide standards and
requirements shall be the responsibility of the state agency which is
charged with that responsibility under existing law.  For
underground storage tanks, that agency shall be the State Water
Resources Control Board.   The California regional water quality
control boards shall have responsibility for the issuance of
variances pursuant to subdivision (b) of Section 25299.4.  The
Department of Toxic Substances Control shall have the sole
responsibility for the issuances of variances from the requirements
of Chapter 6.5 (commencing with Section 25100) and the regulations
adopted pursuant thereto, for the determination of whether or not a
waste is hazardous or nonhazardous, for the determination of whether
or not a person is eligible to be deemed to be operating pursuant to
a permit-by-rule, conditional authorization, or conditional exemption
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department, and for the suspension and
revocation of permits-by-rule, conditional authorizations, and
conditional exemptions.
   (2) Except as provided in paragraphs (1) and (3), those aspects of
the unified program related to the application of statewide
standards to particular facilities, including the issuance of unified
program facility permits, the review of reports and plans,
environmental assessment, compliance and correction, and the
enforcement of those standards and requirements against particular
facilities, shall be the responsibility of the  unified program
agencies.
   (3) (A) Except in those jurisdictions for which the UPA has been
determined by the department, in accordance with regulations adopted
pursuant to subparagraph (C), to be qualified to implement the
environmental assessment and removal and remediation corrective
action aspects of the unified program, the department shall have sole
responsibility and authority under the unified program for all of
the following:
   (i) Implementing and enforcing the requirements of paragraph (3)
of subdivision (c) of Section 25200.3 and Sections 25200.10 and
25200.14, and the regulations adopted by the department to implement
those sections.  As a pilot program in up to 10 counties, pending the
adoption and implementation of regulations pursuant to subparagraph
(C), the department may delegate to the CUPA, through a delegation
agreement, responsibility and authority for implementing and
enforcing the requirements of Section 25200.14.
   (ii) The issuance of orders under Section 25187 requiring removal
or remedial action.
   (iii) The issuance of orders under Section 25187.1.
   (B) Notwithstanding subparagraph (A), a UPA may issue an order
under Section 25187 specifying a schedule for compliance or
correction and imposing an administrative penalty for any violation
of the requirements of Chapter 6.5 (commencing with Section 25100)
listed in paragraph (1) of subdivision (c) of Section 25404, or the
requirements of any permit, rule, regulation, standard or requirement
issued or adopted pursuant to the requirements of Chapter 6.5
(commencing with Section 25100) listed in paragraph (1) of
subdivision (c) of Section 25404, if one of the following applies:
   (i) The order does not require removal or remedial action.
   (ii) The only removal or remedial actions required by the order
are those actions determined to be necessary to address an imminent
and substantial endangerment based upon a finding by the UPA pursuant
to subdivision (f) of Section 25187.
   (C) The department shall adopt emergency regulations specifying
the criteria and procedures for implementing paragraph (3) of
subdivision (c) of Section 25200.3 and Sections 25200.10 and
25200.14, including criteria and procedures for determining whether
or not a unified program agency is qualified to implement the
environmental assessment and removal and remediation corrective
action portions of the unified program under paragraph (3) of
subdivision (c) of Section 25200.3 and Sections 25187, 25187.1,
25200.10, and 25200.14.  The criteria for determining whether a
unified program agency is qualified shall, at a minimum, include
consideration of the following factors:
   (i) Adequacy of the technical expertise possessed by the unified
program agency.
   (ii) Adequacy of staff resources.
   (iii) Adequacy of budget resources and funding mechanisms.
   (iv) Training requirements.
   (v) Past performance in implementing and enforcing requirements
related to environmental assessments, and removal and remediation
corrective actions.
   (vi) Recordkeeping and accounting systems.
   (D) The regulations adopted by the department pursuant to
subparagraph (C) shall include provisions to ensure coordinated and
consistent application of paragraph (3) of subdivision (c) of Section
25200.3 and Sections 25187, 25187.1, 25200.10, and 25200.14, when
both the department and the unified program agency are, or will be,
implementing and enforcing the requirements of one or more of these
sections at the same facility.
   (E) For purposes of subparagraph (D), "facility" means the entire
site that is under the control of the owner or operator.
   (F) If the department is designated as a unified program agency,
the department is deemed qualified to implement all of the following:

   (i) The environmental assessment, removal and remedial action, and
corrective action aspects of the unified program.
   (ii) Paragraph (3) of subdivision (c) of Section 25300.3, Sections
25200.10, 25200.14, 25187, and 25287.1, and the regulations adopted
by the department to implement those provisions.
   (b) (1) On or before January 1, 1996, each county shall apply to
the secretary to be certified as a unified program agency to
implement the unified program within the unincorporated area of the
county and within each city in the county, in which area or city, as
of January 1, 1996, the city or other local agency has not applied to
be the certified unified program agency.
   (2) (A) Any city or other local agency which, as of December 31,
1995, has been designated as an administering agency pursuant to
Section 25502, or which has assumed responsibility for the
implementation of Chapter 6.7 (commencing with Section 25280)
pursuant to Section 25283, may apply to the secretary to become the
certified unified program agency to implement the unified program
within the jurisdictional boundaries of the city or local agency.
   (B) A city or other local agency which, as of December 31, 1995,
has not been designated as an administering agency pursuant to
Section 25502, or which has not assumed responsibility for the
implementation of Chapter 6.7 (commencing with Section 25280)
pursuant to Section 25283, may apply to the secretary to become the
certified unified program agency within the jurisdictional boundaries
of the city or local agency if it enters into an agreement with the
county to become the certified unified program agency within those
boundaries.  A county shall not refuse to enter into an agreement
unless it specifies in writing its reasons for failing to enter into
the agreement.  However, if the city does not enter into the
agreement with the county, within 30 days of receiving a county's
reasons for failing to enter into agreement, a city may request that
the secretary allow it to apply to be a certified unified program
agency and the secretary may, in his or her discretion, approve the
request.
   (3) A city, county, or other local agency may propose, in its
application for certification to the secretary, to allow other public
agencies to implement certain elements of the unified program, but
the secretary shall accept that proposal only if the secretary makes
the findings specified in subdivision (d) of Section 25404.3.
   (4) If a city or other local agency which, as of December 31,
1995, has been designated as an administering agency pursuant to
Section 25502, or has assumed responsibility for the implementation
of Chapter 6.7 (commencing with Section 25280) pursuant to Section
25283, requests that the county propose in its application for
certification to the secretary that the city or local agency
implement, within the jurisdictional boundaries of the city or local
agency, those elements of the unified program which, as of December
31, 1995, the city or local agency has authority to administer, the
county shall grant that request.  If such an agency is subsequently
removed or withdraws from the unified program, the agency shall not
act as an administering agency under Section 25502 or act as a local
agency pursuant to Chapter 6.7 (commencing with Section 25280),
except as provided in subdivision (c) of Section 25283.
  SEC. 7.  Section 25404.3 of the Health and Safety Code is amended
to read:
   25404.3.  (a) The secretary shall, within a reasonable time after
submission of a complete application for certification pursuant to
Section 25404.2, and regulations adopted pursuant to that section,
but not to exceed 180 days, review the application, and, after
holding a public hearing, determine if the application should be
approved.  Before disapproving an application for certification, the
secretary shall submit to the applicant agency a notification of the
secretary's intent to disapprove the application, in which the
secretary shall specify the reasons why the applicant agency does not
have the capability or the resources to fully implement and enforce
the unified program in a manner that is consistent with the
regulations implementing the unified program adopted by the secretary
pursuant to this chapter.  The secretary shall provide the applicant
agency with a reasonable time to respond to the reasons specified in
the notification and to correct deficiencies in its application.
The applicant agency may request a second public hearing, at which
the secretary shall hear the applicant agency's response to the
reasons specified in the notification.
   (b) In determining whether an applicant agency should be
certified, the secretary, after receiving comments from the director,
the Director of the Office of Emergency Services, the State Fire
Marshal, and the executive officers and chairpersons of the State
Water Resources Control Board and the California regional water
quality control boards, shall consider at least all of the following
factors:
   (1) Adequacy of the technical expertise possessed by each unified
program agency which will be implementing each element of the unified
program, including, but not limited to, whether the agency
responsible for implementing and enforcing the requirements of
Chapter 6.5 (commencing with Section 25100) satisfies the
requirements of Section 66272.44 of Title 22 of the California Code
of Regulations.
   (2) Adequacy of staff resources.
   (3) Adequacy of budget resources and funding mechanisms.
   (4) Training requirements.
   (5) Past performance in implementing and enforcing requirements
related to the handling of hazardous materials and hazardous waste.
   (6) Recordkeeping and cost accounting systems.
   (7) Compliance with the criteria in Section 66272.10 of Title 22
of the California Code of Regulations, except for the requirement of
paragraph (2) of subdivision (b) of that section related to
countywide jurisdiction.
   (c) (1) In making the determination of whether or not to certify a
particular applicant agency as a certified unified program agency,
the secretary shall consider the applications of every other
applicant agency applying to be a certified unified program agency
within the same county, in order to determine the impact of each
certification decision on the county.  If the secretary identifies
that there may be adverse impacts on the county if any particular
agency in a county is certified, the secretary shall work
cooperatively with each affected agency to address the secretary's
concerns.
   (2) The secretary shall not certify an agency to be a certified
unified program agency unless the secretary finds both of the
following:
   (A) The unified program will be implemented in a coordinated and
consistent manner throughout the entire county in which the applicant
agency is located.
   (B) The administration of the unified program throughout the
entire county in which the applicant agency is located will be less
fragmented between jurisdictions, as compared to before January 1,
1994, with regard to the administration of the provisions specified
in subdivision (c) of Section 25404.
   (d) (1) The secretary shall not certify an applicant agency which
proposes to allow participating agencies to implement certain
elements of the unified program unless the secretary makes all of the
following findings:
   (A) The applicant agency has adequate authority, and has in place
adequate systems, protocols,  and agreements, to ensure that the
actions of the other agencies proposed to implement certain elements
of the unified program are fully coordinated and consistent with each
other and with those of the applicant agency, and to ensure full
compliance with the regulations implementing the unified program
adopted by the secretary pursuant to this chapter.
   (B) An agreement between the applicant and other agencies proposed
to implement any elements of the unified program contains procedures
for removing any agencies proposed and engaged to implement any
element of the unified program.  The procedures in the agreement
shall include, at a minimum, provisions for providing notice, stating
causes, taking public comment, making appeals, and resolving
disputes.
   (C) The other agencies proposed to implement certain elements of
the unified program have the capability and resources to implement
those elements, taking into account the factors designated in
subdivision (b).
   (D) If any of the other agencies proposed to implement certain
elements of the unified program are not directly responsible to the
same governing body as the applicant agency, the applicant agency
maintains an agreement with any agency which ensures that the
requirements of Section 25404.2 will be fully implemented.
   (E) If the applicant agency proposes that any agency other than
itself will be responsible for implementing aspects of the single fee
system imposed pursuant to Section 25404.5, the applicant agency
maintains an agreement with that agency which ensures that the fee
system is implemented in a fully consistent and coordinated manner,
and which ensures that each participating agency receives the amount
which it determines to constitute its necessary and reasonable costs
of implementing the element or elements of the unified program which
it is responsible for implementing.
   (2) After the secretary has certified an applicant agency pursuant
to this subdivision, that agency shall obtain the approval of the
secretary before removing and replacing a participating agency that
is implementing an element of the unified program.
   (3) Any state agency, including, but not limited to, the State
Department of Health Services, acting as a participating agency, may
contract with a unified program agency to implement or enforce the
unified program.
   (e) Until a city's or county's application for certification to
implement the unified program is acted upon by the secretary, the
roles, responsibilities, and authority for implementing the programs
identified in subdivision (c) of Section 25404 which existed in that
city or county pursuant to statutory authorization as of December 31,
1993, shall remain in effect.
   (f) (1) Except as provided in subparagraph (C) of paragraph (2),
if no local agency has been certified by January 1, 1997, to
implement the unified program within a city, the secretary shall
designate either the county in which the city is located or another
agency pursuant to subparagraph (A) of paragraph (2) as the unified
program agency.
   (2) (A) Except as provided in subparagraph (C), if no local agency
has been certified by January 1, 2001, to implement the unified
program within the unincorporated or an incorporated area of a
county, the secretary shall determine how the unified program shall
be implemented in the unincorporated area of the county, and in any
city in which there is no agency certified to implement the unified
program.  In such an instance, the secretary shall work in
consultation with the county and cities to determine which state or
local agency or combination of state and local agencies should
implement the unified program, and shall determine which state or
local agency shall be designated as the certified unified program
agency.
   (B) The secretary shall determine the method by which the unified
program shall be implemented throughout the county and may select any
combination of the following implementation methods:
   (i) The certification of a state or local agency as a certified
unified program agency.
   (ii) The certification of an agency from another county as the
certified unified program agency.
   (iii) The certification of a joint powers agency as the certified
unified program agency.
   (C) Notwithstanding paragraph (1) and subparagraphs (A) and (B),
if the cities of Sunnyvale, Anaheim, and Santa Ana prevail in
litigation filed in 1997 against the secretary, and, to the extent
the secretary determines that these three cities meet the
requirements for certification, the secretary may certify these
cities as certified unified program agencies.
   (g) (1) If a certified unified program agency wishes to withdraw
from its obligations to implement the unified program and is a city
or a joint powers agency implementing the unified program within a
city, the agency may withdraw after providing 180 days' notice to the
secretary and to the county within which the city is located, or to
the joint powers agency with which the county has an agreement to
implement the unified program.
   (2) Whenever a certified unified program agency withdraws from its
obligations to implement the unified program, or the secretary
withdraws an agency's certification pursuant to Section 25404.4, the
successor certified unified program agency shall be determined in
accordance with subdivision (f).
  SEC. 8.  Section 25404.4 of the Health and Safety Code is amended
to read:
   25404.4.  (a) (1) The secretary shall periodically review the
ability of each certified unified program agency to carry out this
chapter.  In conducting this review, the secretary shall review both
the elements of each CUPA's enforcement program and the efficacy of
the program in ensuring compliance with the unified program's
requirements.  If a certified unified program agency fails to meet
its obligations to adequately implement the unified program, the
secretary may withdraw the certified unified program agency's
certification, or may enter into a program improvement agreement with
the certified unified program agency to make the necessary
improvements.  A certified unified program agency with which the
secretary has entered into a program improvement agreement may
continue to implement the unified program while the program
improvement agreement is in effect and the certified unified program
agency is in compliance with the agreement.  If the secretary finds
that a CUPA has not met the enforcement performance standards adopted
pursuant to Section 25404.6 and the secretary enters into a program
improvement agreement with the CUPA, the agreement shall make the
improvement of enforcement the highest priority.
   (2) Before withdrawing a certified unified program agency's
certification, the secretary shall submit to the certified unified
program agency a notification of the secretary's intent to withdraw
certification, in which the secretary shall specify the reasons why
the certified unified program agency has failed to meet its
obligations to adequately implement the unified program.  The
secretary shall provide the certified unified program agency with a
reasonable time to respond to the reasons specified in the
notification and to correct the deficiencies specified in the
notification.  The certified unified program agency may request a
public hearing, at which the secretary shall hear the agency's
response to the reasons specified in the notification.
   (b) (1) If the secretary finds that a certified unified program
agency has failed to adequately enforce the requirements of the
unified program with respect to a particular facility, the secretary
may direct the appropriate state agency to take any necessary actions
and to issue necessary orders to the facility.
   (2) If the secretary finds that the failure to adequately enforce
the requirements of the unified program may result in an imminent and
substantial endangerment to the environment or to the public health
and safety, the secretary shall direct the appropriate state agency
to take any necessary actions and to issue the necessary orders to
the facility.
   (3) This chapter does not prevent any appropriate state agency
from issuing an order or taking any other action pursuant to state
law.
  SEC. 9.  Section 25404.5 of the Health and Safety Code is amended
to read:
   25404.5.  (a) (1) Each certified unified program agency shall
institute a single fee system, which shall replace the fees levied
pursuant to Sections 25201.14 and 25205.14, except for transportable
treatment units permitted under Section 25200.2, and which shall also
replace any fees levied by a local agency pursuant to Sections
25143.10, 25287, 25513, and 25535.2, or any other fee levied by a
local agency specifically to fund the implementation of the
provisions specified in subdivision (c) of Section 25404.
Notwithstanding Sections 25143.10, 25201.14, 25205.14, 25287, 25513,
and 25535.2, a person who complies with the certified unified program
agency's "single fee system" fee shall not be required to pay any
fee levied pursuant to those sections, except for transportable
treatment units permitted under Section 25200.2.
   (2) (A) The governing body of the local certified unified program
agency shall establish the amount to be paid by each person regulated
by the unified program under the single fee system at a level
sufficient to pay the necessary and reasonable costs incurred by the
certified unified program agency and by any participating agency
pursuant to the requirements of subparagraph (E) of paragraph (1) of
subdivision (d) of Section 25404.3.
   (B) The secretary shall establish the amount to be paid when the
unified program agency is a state agency.
   (3) The fee system may also be designed to recover the necessary
and reasonable costs incurred by the certified unified program
agency, or a participating agency pursuant to the requirements of
subparagraph (E) of paragraph (1) of subdivision (d) of Section
25404.3, in administering provisions other than those specified in
subdivision (c) of Section 25404, if the implementation and
enforcement of those provisions has been incorporated as part of the
unified program by the certified unified program agency pursuant to
subdivision (b) of Section 25404.2, and if the single fee system
replaces any fees levied as of January 1, 1994, to fund the
implementation of those additional provisions.
   (4) The amount to be paid by a person regulated by the unified
program may be adjusted to account for the differing costs of
administering the unified program with respect to that person's
regulated activities.
   (b) (1) Except as provided in subdivision (d), the single fee
system instituted by each certified unified program agency shall
include an assessment on each person regulated by the unified program
of a surcharge, the amount of which shall be determined by the
secretary annually, to cover the necessary and reasonable costs of
the state agencies in carrying out their responsibilities under this
chapter.  The secretary may adjust the amount of the surcharge to be
collected by different certified unified program agencies to reflect
the different costs incurred by the state agencies in supervising the
implementation of the unified program in different jurisdictions,
and in supervising the implementation of the unified program in those
jurisdictions for which the secretary has waived the assessment of
the surcharge pursuant to subdivision (d).  The certified unified
program agency may itemize the amount of the surcharge on any bill,
invoice, or return that the agency sends to a person regulated by the
unified program.  Each certified unified program agency shall
transmit all surcharge revenues collected to the secretary on a
quarterly basis.  The surcharge shall be deposited in the Unified
Program Account, which is hereby created in the General Fund and
which may be expended, upon appropriation by the Legislature, by
state agencies for the purposes of implementing this chapter.
   (2) On or before January 10, 2001, the secretary shall report to
the Legislature on whether the number of persons subject to
regulation by the unified program in any county is insufficient to
support the reasonable and necessary cost of operating the unified
program using only the revenues from the fee.  The secretary's report
shall consider whether the surcharge required by subdivision (a)
should include an assessment to be used to supplement the funding of
unified program agencies that have a limited number of entities
regulated under the unified program.
   (c) Each certified unified program agency and the secretary shall,
before the institution of the single fee system and the assessment
of the surcharge, implement a fee accountability program designed to
encourage more efficient and cost-effective operation of the program
for which the single fee and surcharge are assessed.  The fee
accountability programs shall include those elements of the
requirements of the plan adopted pursuant to Section 25206 that the
secretary determines are appropriate.
   (d) The secretary may waive the requirement for a county to assess
a surcharge pursuant to subdivision (b), if both of the following
conditions apply:
   (1) The county meets all of the following conditions:
   (A) The county submits an application to the secretary for
certification on or before January 1, 1996, that incorporates all of
the requirements of this chapter, and includes the county's request
for a waiver of the surcharge, and contains documentation that
demonstrates, to the satisfaction of the secretary, both of the
following:
   (i) That the assessment of the surcharge will impose a significant
economic burden on most businesses within the county.
                                     (ii) That the combined dollar
amount of the surcharge and the single fee system to be assessed by
the county pursuant to subdivision (a) exceeds the combined dollar
amount of all existing fees that are replaced by the single fee
system for most businesses within the county.
   (B) The application for certification, including the information
required by subparagraph (A), is determined by the secretary to be
complete, on or before April 30, 1996.  The secretary, for good
cause, may grant an extension of that deadline of up to 90 days.
   (C) The county is certified by the secretary on or before December
31, 1996.
   (D) On or before January 1, 1994, the county completed the
consolidation of the administration of the hazardous waste generator
program, the hazardous materials release response plans and
inventories program, and the underground storage tank program,
referenced in paragraphs (1), (3), and (4) of subdivision (c) of
Section 25404, into a single program within the county's
jurisdiction.
   (E) The county demonstrates that it will consolidate the
administration of all programs specified in subdivision (c) of
Section 25404, and that it will also consolidate the administration
of at least one additional program that regulates hazardous waste,
hazardous substances, or hazardous materials, as specified in
subdivision (d) of Section 25404.2, other than the programs specified
in subdivision (c) of Section 25404, into a single program to be
administered by a single agency in the county's jurisdiction at the
time that the county's certification by the secretary becomes
effective.
   (2) The secretary makes all of the following findings:
   (A) The county meets all of the criteria specified in paragraph
(1).
   (B) The assessment of the surcharge would impose a significant
economic burden on most businesses within the county.
   (C) The combined dollar amount of the surcharge and the single fee
system to be assessed by the county pursuant to subdivision (a)
would exceed the combined dollar amount of all existing fees that are
replaced by the single fee system for most businesses within the
county.
   (D) The waiver of the surcharge for those counties applying for
and qualifying for a waiver, and the resulting increase in the
surcharge for other counties, would not, when considered
cumulatively, impose a significant economic burden on businesses in
any other county that does not apply for, or does not meet the
criteria for, a waiver of the surcharge.
   (e) The secretary shall review all of the requests for a waiver of
the surcharge made pursuant to subdivision (d) simultaneously, so as
to adequately assess the cumulative impact of granting the requested
waivers on businesses in those counties that have not applied, or do
not qualify, for a waiver, and shall grant or deny all requests for
a waiver of the surcharge within 30 days from the date that the
secretary certifies all counties applying, and qualifying, for a
waiver.  If the secretary finds that the grant of a waiver of the
surcharge for all counties applying and qualifying for the waiver
will impose a significant economic burden on businesses in one or
more other counties, the secretary shall take either of the following
actions:
   (1) Deny all of the applications for a waiver of the surcharge.
   (2) Approve only a portion of the waiver requests for counties
meeting the criteria set forth in subdivision (d), to the extent that
the approved waivers, when taken as a whole, meet the condition
specified in subparagraph (D) of paragraph (2) of subdivision (d).
In determining which of the counties' waiver requests to grant, the
secretary shall consider all of the following factors:
   (A) The relative degree to which the assessment of the surcharge
will impose a significant economic burden on most businesses within
each county applying and qualifying for a waiver.
   (B) The relative degree to which the combined dollar amount of the
surcharge and the single fee system to be assessed, pursuant to
subdivision (a), by each county applying and qualifying for a waiver
exceeds the combined dollar amount of all existing fees that are
replaced by the single fee system for most businesses within the
county.
   (C) The relative extent to which each county applying and
qualifying for a waiver has incorporated, or will incorporate, upon
certification, additional programs pursuant to subdivision (d) of
Section 25404.2, into the unified program within the county's
jurisdiction.
   (f) The secretary may, at any time, terminate a county's waiver of
the surcharge granted pursuant to subdivisions (d) and (e) if the
secretary determines that the criteria specified in subdivision (d)
for the grant of a waiver are no longer met.
  SEC. 10.  Section 25404.6 of the Health and Safety Code is amended
to read:
   25404.6.  (a) The secretary may immediately implement those
aspects of the unified program which do not require statutory
changes.  If the secretary determines that statutory changes are
needed to fully implement the program, the secretary shall recommend
those changes to the Legislature on or before March 1, 1995, so that
the changes, if approved by the Legislature, can be implemented as
part of the program by January 1, 1996.
   (b) The secretary shall work in close consultation with the
Environmental Protection Agency, and shall implement this chapter
only to the extent that doing so will not result in this state losing
its authorization or delegation to implement the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.),
the Federal Water Pollution Control Act, (33 U.S.C.  Sec. 1251 et
seq.), the Emergency Planning and Community Right-to-Know Act of 1986
(42 U.S.C. Sec. 11001 et seq.), and any other applicable federal
laws.
   (c) The secretary shall adopt regulations necessary for the
orderly administration and implementation of the unified program.
The regulations shall include, but are not limited to, performance
standards to guide the secretary in evaluating unified program
agencies including evaluation of fee accountability and enforcement
activities.  The secretary shall adopt those regulations as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
for the purposes of that chapter, including Section 11349.6 of the
Government Code, the adoption of the regulations is an emergency and
shall be considered by the Office of Administrative Law as necessary
for the immediate preservation of the public peace, health, safety,
and general welfare.
  SEC. 11.  Section 39619.6 is added to the Health and Safety Code,
to read:
   39619.6.  By June 30, 2002, the state board and the State
Department of Health Services, in consultation with the State
Department of Education, the Department of General Services, and the
Office of Environmental Health Hazard Assessment, shall conduct a
comprehensive study and review of the environmental health conditions
in portable classrooms, as defined in subdivision (k) of Section
17070.15 of the Education Code.
   (b) The state board and the department shall jointly coordinate
the study, oversee data analysis and quality assurance, coordinate
stakeholder participation, and prepare recommendations.  The state
board shall develop and oversee the contract for field work, air
monitoring and data analysis, and obtain equipment for the study.
The department shall oversee the assessment of ventilation systems
and practices and the evaluation of microbiological contaminants, and
may provide laboratory analyses as needed.
   (c) By August 31, 2000, the state board shall release a request
for proposals for the field portion of the study.  Field work shall
begin not later than July, 2001.  The final report shall be completed
on or before June 30, 2002, and shall be provided to the appropriate
policy committees of the Legislature.  The study of portable
classrooms shall include all of the following:
   (1) Review of design and construction specifications, including
those for ventilation systems.
   (2) Review of school maintenance practices, including the actual
operation or nonoperation of ventilation systems.
   (3) Assessment of indoor air quality.
   (4) Assessment of potential toxic contamination, including molds
and other biological contaminants.
   (d) The final report shall summarize the results of the study and
review, and shall include recommendations to remedy and prevent
unhealthful conditions found in portable classrooms, including the
need for all of the following:
   (1) Modified design and construction standards, including
ventilation specifications.
   (2) Emission limits for building materials and classroom
furnishings.
   (3) Other mitigation actions to ensure the protection of children'
s health.
  SEC. 12.  Section 13177.5 is added to the Water Code, to read:
   13177.5.  (a) The state board, in consultation with the Office of
Environmental Health Hazard Assessment, shall develop a comprehensive
coastal monitoring and assessment program for sport fish and
shellfish, to be known as the Coastal Fish Contamination Program.
The program shall identify and monitor chemical contamination in
coastal fish and shellfish and assess the health risks of consumption
of sport fish and shellfish caught by consumers.
   (b) The state board shall consult with the Department of Fish and
Game, the Office of Environmental Health Hazard Assessment, and
regional water quality control boards with jurisdiction over
territory along the coast, to determine chemicals, sampling
locations, and the species to be collected under the program.  The
program developed by the state board shall include all of the
following:
   (1) Screening studies to identify coastal fishing areas where fish
species have the potential for accumulating chemicals that pose
significant health risks to human consumers of sport fish and
shellfish.
   (2) The assessment of at least 60 screening study monitoring sites
and 120 samples in the first five years of the program and an
assessment of additional screening study sites as time and resources
permit.
   (3) Comprehensive monitoring and assessment of fishing areas
determined through screening studies to have a potential for
significant human health risk and a reassessment of these areas every
five years.
   (c) Based on existing fish contamination data, the state board
shall designate a minimum of 40 sites as fixed sampling locations for
the ongoing monitoring effort.
   (d) The state board shall contract with the Office of
Environmental Health Hazard Assessment to prepare comprehensive
health risk assessments for sport fish and shellfish monitored in the
program.  The assessments shall be based on the data collected by
the program and information on fish consumption and food preparation.
  The Office of Environmental Health Hazard Assessment, within 18
months of the completion of a comprehensive study for each area by
the state board, shall submit to the board a draft health risk
assessment report for that area.  Those health risk assessments shall
be updated following the reassessment of areas by the board.
   (e) The Office of Environmental Health Hazard Assessment shall
issue health advisories when the office determines that consuming
certain fish or shellfish presents a significant health risk.  The
advisories shall contain information for the public, and particularly
the population at risk, concerning health risks from the consumption
of the fish or shellfish.  The office shall notify the appropriate
county health officers, the State Department of Health Services, and
the Department of Fish and Game, prior to the issuance of a health
advisory.  The notification shall provide sufficient information for
the purpose of posting signage.  The office shall urge county health
officers to conspicuously post health warnings in areas where
contaminated fish or shellfish may be caught including piers,
commercial passenger fishing vessels, and shore areas where fishing
occurs.  The Department of Fish and Game shall publish the office's
health warnings in its Sport Fishing Regulations Booklet.
  SEC. 12.5.  Section 13177.6 is added to the Water Code, to read:
   13177.6.  To the extent funding is appropriated for this purpose,
the state board, in consultation with the Department of Fish and Game
and Office of Environmental Health Hazard Assessment, shall perform
a monitoring study to reassess the geographic boundaries of the
commercial fish closure off the Palos Verdes Shelf.  The reassessment
shall include collection and analysis of white croaker caught on the
Palos Verdes Shelf, within three miles south of the Shelf, and
within San Pedro Bay.  Based on the results of the reassessment, the
Department of Fish and Game, with guidance from the Office of the
Environmental Health Hazard Assessment, shall redelineate, if
necessary, the commercial fish closure area to protect the health of
consumers of commercially caught white croaker.  The sample
collection and analysis shall be conducted within 18 months of the
enactment of this section and the reassessment of the health risk
shall be conducted within 18 months of the completion of the analysis
of the samples.
  SEC. 13.  (a) Of the amount appropriated by Item 3960-011-0001 of
Section 2.00 of the Budget Act of 2000 to establish an urban cleanup
program to clean up and redevelop contaminated properties, known as
brownfields, the sum of eighty-five million dollars ($85,000,000) is
hereby transferred to the Cleanup Loans and Environmental Assistance
to Neighborhoods Account.
   (b) Five hundred thousand dollars ($500,000) is hereby
appropriated from the Cleanup Loans and Environmental Assistance to
Neighborhoods Account to the Department of Toxic Substances Control
for program development related to the redevelopment of contaminated
properties known as "brownfields" during the 2000-01 fiscal year.
  SEC. 14.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
  SEC. 15.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to make the necessary statutory changes to implement the
Budget Act of 2000 at the earliest possible time, it is necessary
that this act take effect immediately.
